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Australia Leading Case constitutionalconvention rights

Comcare v Banerji

(2019) 267 CLR 373
JurisdictionAustralia
CourtHigh Court of Australia
Year2019
StatusBinding authority

Summary

HCA upheld APS Code of Conduct restrictions on public servants' political speech as compatible with the implied freedom of political communication, being reasonably appropriate and adapted.

Key Principle

The HCA upheld the constitutionality of the APS Code of Conduct restriction on public servants making critical public comments; the restriction was compatible with the implied freedom of political communication as it was reasonably appropriate and adapted.

Area of Law

constitutional

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